Will of Capt. George HODGES, 1847

Contributed to Marlboro County SCGenWeb by Ruby Campbell, 11 Apr 2000

WILL OF CAPT. GEORGE HODGES

I George Hodges, Of the State of South Carolina, and the Distract of 
Marlborough, do hereby make and ordain this my last will and Testament,

Item first: It is my will and desire that all my just debts be paid,

Item second: I give and devise to my two sons Robert G.W. Hodges, and John A. 
Hodges and to James C. David, and to survivor or survivors of them, his or 
their heirs forever, all the lands which I lately bought of the Commissioners 
in Equity, being the lands of the Estate of Charles Irby deceased, called the 
Hume lands (except the part of the said tract which I sold to Nicholas Ware, 
which I consider one third of the tract, (See deed given him for same.)
In trust never the less that they permit my daughters Eliza M. Ware and Mary 
Jane Draughon to have the possession and enjoyment of the same for their sole 
and separate use, free from the control of their husbands, and or without 
being in anywise subject to their debts or contracts, for and during their 
natural lives: and that upon the death of each of my said daughters Eliza 
M.Ware and Mary Jane Draughons, they convey to their children, share and 
share alike, that portion of the said land which is designed for the 
enjoyment of their mothers respectively.  And if the said trustees should 
think it fit and proper at any time to take the said property from under the 
control of my said daughters they are here by directed to do so and to rent 
the same, paying over to them or their order the annual profits.  
I direct my executors to divide said tract of land in the following manner,  
to wit, to commence at the corner of the north side of said land, and then 
running with the said Hume's line to the Old River: on the south side to make 
the  line as follows: to commence at the south east corner and run to the 
Cashua road--- thence down said road to the fence that  formerly was the 
dividing line between Charles Irby and Robert  A. McTyre thence with said 
fence until it intersects Hume's line--- and then with the said Hume's line 
to the Great Pee Dee.    The four hundred and twenty acres of land on which 
my residence now stands, and which I purchased from Charles Irby in his life 
time, is excepted although it is a part of the same grant. I also direct my 
executors to lay out and admeasure to Eliza M. Ware the third part on the 
north side of said tract; and to Mary Jane Draughon the third part on the 
south side of Hume's line; the middle third being sold to Nicholas Ware.

Item third:--- I give and bequeath to my sons Robert G.W. Hodges and John A. 
Hodges and to my friend James E. David a share of my personal property equal 
to the share of each of my children after all my just debts are paid: that is 
to say, I require each of my heirs at law who are all beneficiaries of this 
will, except my daughter Adaline, to execute or cause to be executed a 
sufficient bond for his or her rateable or proportional share of the above 
legacy to the trustees afore said or executors here in after mentioned, This 
bequest is in trust never the less for the sole and separate use of my 
daughter Adaline, wife of Peter A.K. Pouncey, during her natural life, that 
is to say they are to pay over to her annually the interest arising from such 
legacies in cash, taking from her a receipt for the same. I direct my said 
trustees farther more upon her death, to pay over in cash to the children of 
my said daughter Adaline respectively as they arrive at the age of 
twenty-one, an equal distributive share of said property . If any child of my 
said Daughter should die before having attained the sad age, and should leave 
an heir or heirs of his or her body, then such heir or heirs shall be 
entitled to the share his or her parent would have been entitled to, I also 
devise and bequeath to my said trustees, in respect of my real estate, a bond 
for two thousand six hundred and twenty seven 50/100 dollars ($2627.50) which
I hold against Nicholas Ware. In trust never the less that the interest on 
said bond, at the rate of three and a half percent per annum, be applied to 
the sole and separate use of my daughter Adaline during her natural life, and 
after her death that they convey the principal of the said bond to her 
children.

Item fourth:--- I give and devise all the rest of my lands that I may be 
seized and possessed of at the time of my death, to my two sons Robert G.W. 
Hodges and John A. Hodges, to them and their heirs forever: to be equally 
divided between them, share and share alike,

Item fifth;---I give and bequeath to my son Robert G.W. Hodges and his heirs 
forever, the following Negro slaves namely, Old Peg, Daphne, Steve, Dick, 
Dice, Beatrice, Fidelia, Noram, Sampson, Hester, Nero, Nance, Chaney, Jefse, 
Creasy, Anthony, and Hetty; together with all their increase.

Item; sixth;--- I give and bequeath to my son John A. Hodges and his heirs 
forever, the following Negro slaves namely, Hannah, Nat, Bina, Young Jeanie, 
Adaline, Dave, Glascow, Serena, Richardson, Young Sidney, Old Jeanie, 
Armstrong, Leslie, Harriet, Bill and Sarah Ann, together with their increase,

Item seventh; I give and bequeath to my two sons Robert G.W. Hodges   and 
John A. Hodges and James B. David, and to the survivor or survivors of them, 
the following Negro slaves namely, Young Peg, Sarah, Minder, Ann, Maria, 
Little Ann, Levy, Nelly, Bob, Little Kate, Old Serena, Lucy, Isaac, Geroeg, 
Mary, Tom, Franklin, Elcane, Rose, Melia, Dilly, Jake, Jones, Beck, Hagar, 
Jack, Seal, Zilph, Little Jack, Andrew, Little Mary, Little Peg, Little 
Daphne, Mily, Little Nance, Sidney, and Sam; together with their increase.  
In trust never the less, that they permit my daughters Eliza Ware, Mary Jane 
Draughon and Anna Maria Cannon to have the use, and enjoyment of the same as 
follows;  my daughter Eliza M. Ware to have old Serena, Peg, Sarah, Minder. 
Ann, Maria, Little Ann, Caroline, Aggy, Little Steve, Laura, Jane, Levy, 
Nelly, Bob, Little Kate, Lucy, and Issac together with their future increase. 
 My daughter Mary Jane  Draughon to have,  George, Mary, Tom, Franklin, 
Elcane, Rose, Melia, Dilly, Jake, Jonas, Beck, and Hagar, together with their 
increase, my daughter Anne Marie Cannon to have Jack, Seal, Zilph, Little 
Jack, Andrew, Little Mary, Little Peg, Little Daphne, Mily, Little Nance, 
Sidney, and Sam, together with their increase. The whole of them to be for 
their sole and separate use, free from the control of their husbands and 
without being in anyway liable or subject to their debts or contracts, for 
and during their natural lives; and after their deaths in succession, that 
they covey the same and their increase to their children respectively. If the 
trustees should think it proper at any time to take said negros  from under 
the control of my said daughters or either of them, they are hereby directed 
to do so and hire the same, paying over annual profits or hire to them or 
their order.

Item eighth;--- It is my wish and desire that my children should keep the 
negros together with their increase as before given, (as I have given them) 
and in any case of the said negros mentioned should die, it is to be an equal 
loss to all, and their increase an equal gain of all.

Item Ninth;--- It is my will and desire, that all the negros living at my 
death, together with their increase as before given to my children should be 
valued and that those that have over their share or shares pay over to the 
others so all shall be equal, that is , share and share alike, of my personal 
property that is not other wise disposed of.

Item tenth;--- To my sister in law, Catherine M. Cherry, I give and bequeath 
a Negro girl by the name of Needy, for her use during her natural life, and 
after her death said Negro and all her increase to be equally divided among 
all my heirs; except that the first child she may have to live to  the age of 
five years I give and bequeath to my  granddaughter Adaline M. Ware and her 
heirs forever.

Item eleven;--- I give and bequeath unto my grandson George Hodges son of 
John A. Hodges and his heirs forever one Negro boy named York.

Item twelve;--- In case any of my children should die, leaving no child or 
children living at the time of such death then the share of such child or 
children shall be equally divided among the rest of my children, the share of 
my daughters to vest as the rest of my estate herein before given for their 
use.

Item thirteenth;--- In the division of my personal estate, and negros that I 
may have here to fore lent to any of my children, or may here after lend, 
with all their offspring since the time of the loan, and also the increase of 
the Negroes named in this my last will and testament shall be included; but 
this requirement is not to affect or defeat my gift of Negroes which I have 
made to my grandchildren or the Negroes given to my son Robert G.W.Hodges in 
the next clause.

Item fourteenth;---I give and bequeath to my son Robert G.W. Hodges over and 
above an equal share with the rest of my children of my estate the following 
Negroes  named Bet, Jordan, Mosey and Ellick: which Negroes shall not be 
computed in ascertaining the sum bequeathed in the third item after my death.

Item fifteenth:--- The residue of my estate, after paying my just debts Iwill 
and devise to be divided so as to make each of my children's share of my 
personal property equal, except my son Robert as above distinguished from my 
other children. My daughter's shares should they receive any additional 
amount, be vested as the rest of my estate here in before given for their use.

Item sixteenth:--- Should any of my children refuse to give up the Negroes or 
their increase that I have lent them and which they may have in their 
possession at the time of my death, which I have otherwise disposed of by 
this last will and testament, or should in any manner or form attempt to 
break this my last will and testament, it is my will and desire that they 
receive nothing more than they have in their possession, and the share that I 
have devised and bequeathed to be equally divided among my other children.

Item seventeenth:--- In all cases where a division is directed to be made 
among my children my executors are hereby authorized to appoint fit and 
proper persons to make it and such partition when made shall be as effectual 
and binding as if made by the order of any court of law or equity: and if at 
the time such partition is made any of my children should be dead leaving a 
child or children then the share of the parent shall be allotted to such 
child or children.

Item eighteenth:--- In explanation of the latter part of the third item, the 
interest that my trustees, are to pay on the bond there in described is three 
and one half percent per annum for eight years after my death and there 
after, on the expiration of the credit for eight years, the full rate of 
lawful interest,

Lastly, I do hereby nominate, constitute and appoint my two sons Robert G. W. 
Hodges and John Hodges and my friend James E. David, Benjamin R. Rogers and 
A. D. Sims Esq. of Darlington District executors of this my last will and 
testament subscribed by my hand and seal this seventh day of December in the 
year of our Lord one thousand eight hundred and forty seven.

Signed and sealed by the said George Hodges in the presence of us, who in his 
presence, and in the presence of each other, have here unto subscribed our 
names as  witnesses.

WIT
D. Matheson
S. Emanuel                                                                    
                                                George Hodges
Thos. J. Emanuel
Z. W. Allen
Recorded in will book A.
Page 286 case 1 Box 46
Recorded 17th   Feb. 1851
Jos. David, Olry. M.D. 

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